Hugh Adami: Settlement reached in foodies vs. tots rights complaint

Hugh Adami, Ottawa Citizen08.30.2012

From left: Trieste, Joey, Jackson and Ruth Rathwell: The three sisters, Ruth’s husband and her mother were all set to celebrate Trieste’s birthday at a new restaurant and wine bar in Ottawa South, but when the co-owner learned Ruth’s four-month-old baby was coming, too, they were told to forget it. Now a settlement has been reached, details of which are confidential, but children now are welcome.

OTTAWA — A settlement has been reached in a case that pitted many Ottawa parents against foodies who think restaurants should be out of bounds to young children.

And though details of the settlement are secret because of a signed agreement forbidding disclosure, one thing is certain: parents and their children are the victors as a result of Ruth Gard’s human rights complaint against Taylor’s Genuine Wine and Food Bar in Old Ottawa South. Taylor’s now says kids are OK if parents want to bring them along.

The complaint was filed after the trendy establishment at Bank Street and Sunnyside Avenue made it clear that a party of five adults, including Gard and her two sisters, were not welcome if they brought along Gard’s three-month-old son, Jackson.

The story, first reported by The Public Citizen on June 30, 2010, went viral across much of Canada. It was much-debated on radio talk shows in Ottawa and other cities, and resulted in thousands of comments on various websites. When CTV converged on Gard’s home and tried to make contact with the other two sisters, one of the siblings had some choice words for me. I assumed they were OK with more publicity (even though they were being ripped apart on social media by those who believe a baby’s place is in the playpen) and had told other reporters how to find them.

The controversy began when Gard’s sister, Trieste Rathwell, booked a table at the then-newly opened Taylor’s. Rathwell, a fan of John and Sylvia Taylor’s other restaurant, the Domus Café in the ByWard Market, was thrilled that she would be celebrating her birthday at their new digs on June 24.

But then she ran into Sylvia Taylor, who turned out to a party-pooper after Rathwell explained that her baby nephew was coming, too, and requested a sixth chair be set aside for his car seat.

Taylor’s reaction left Rathwell “dumbstruck.” She said Taylor told her that having an infant in the restaurant would not help the atmosphere she and her husband were trying to create. “‘We don’t want children, here. ... We don’t want that kind of environment,’” said Taylor, according to Rathwell.

Rathwell’s other sister, Joey, called Taylor’s to give her two cents’ worth. She was told by an employee that though they wouldn’t be asked to leave, there were reasons why Jackson wasn’t welcome. What if Ruth had to nurse him? How inappropriate would that be? (Ontario’s human rights code says children can be breastfed in public places such as restaurants.) She was also told the men’s and women’s washrooms lacked change tables.

When The Public Citizen spoke with Sylvia Taylor, she said the establishment was “an adult place,” except for Sunday brunches. There was no space for strollers, she said, and because Taylor’s included a wine bar, people would be drinking.

“We felt for everyone’s comfort, it would better for the opening if we started with that policy.”

Gard filed a discrimination complaint with the Human Rights Tribunal of Ontario.

Taylor’s avoided going before the tribunal by resolving the complaint through mediation last February. A spokeswoman for the tribunal says files resolved through mediation only indicate a settlement was reached and do not provide details.

Gard and John Taylor weren’t any help, either. They signed papers agreeing not to divulge details of the settlement.

“It caused a lot of stress for us,” Taylor said this week of the Citizen story. He also told me not to try to speak to his wife, who, according to Taylor in a July 2010 National Post article, “has been so torn up by this.” He told the Post the incident was “the result of a misunderstanding. We welcome kids at all times.”

When I phoned Taylor’s on Tuesday, posing as someone who wanted to make a reservation and bring a one-year-old along, an employee told me not to worry. I could take children of any age there, at any time.

But what about that birthday brouhaha two years ago? That was blown out of proportion, the employee explained.

The washrooms still aren’t equipped with change tables, she said. But both are large enough to manoeuvre in if baby needs a fresh diaper.

More surprises on Bronson

Employees manning Ottawa’s 3-1-1 helpline have received a refresher course on the city’s noise bylaw after a Bronson Avenue resident was told the bylaw doesn’t apply to municipal projects.

Matthew Wood lives on a ground-level apartment on Bronson, between Lisgar and Cooper streets. Bronson has been under reconstruction since spring, and the work generally goes from 7 a.m. to late afternoon or early evening.

But Wood’s wife was awakened around 2 a.m. one morning last month by “massive, broken blocks of concrete” being dumped on the street just outside their bedroom window. The following night, around 11:30 p.m., when Wood was returning home, a dump truck and another piece of heavy machinery were at the same spot, making more noise with what seemed to be concrete or rock debris.

He checked the noise bylaw on the city’s website. It said construction was not permitted from 10 p.m. to 7 a.m., Monday through Saturday, and 10 p.m. to 9 a.m. on Sunday and statutory holidays. He called 3-1-1 to complain, but was stunned when he was told the bylaw doesn’t apply to municipal projects, allowing work to go on 24 hours a day if necessary.

I contacted the city on Aug. 20, and a few hours later, Wood was sent an email by Bronson project manager Bruce Kenny, who said he was looking into the matter. He explained that the Bronson contractor, Colautti Construction, and its subcontractors have been directed to comply with the 7 a.m. to 10 p.m. work restrictions, and that any rock-breaking should take place between 7 a.m. and 7 p.m. “so residents have some peace in the evening.”

On Aug. 23, city spokesman Barre Campbell emailed me to say that the noise bylaw does apply to the Bronson project. However, exemptions are allowed to permit work after 10 p.m. for a period of up to 11 calendar days, under certain conditions. So far, the city has not received any requests from the contractors for exemptions.

The city also tracked down the contractor working outside Wood’s apartment. It warned the company that another violation could lead to charges under the bylaw. As well, “all 3-1-1 staff have been reminded of the applicable provisions of the noise bylaw, including exemptions.”

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